Bogus Jobs for Work Pass Applications
Ministry of ManpowerSpeakers
Summary
This question concerns measures to prevent bogus jobs for work pass applications and the enforcement actions taken against the harboring of illegal workers. Ms K Thanaletchimi asked about the stringency of measures to detect fraudulent applications and whether existing penalties are sufficient to deter unscrupulous employers. Minister for Manpower Lim Swee Say responded that the Ministry of Manpower employs a dual strategy of upstream detection of dubious firms and downstream intelligence-led operations against syndicates. He detailed that the 2012 amendments to the Employment of Foreign Manpower Act increased penalties, including mandatory imprisonment and potential caning for shell company operators, alongside heavy fines and debarment for illegal hiring. The Minister also emphasized the importance of educating main contractors on their legal obligations to ensure all foreign workers at their sites hold valid work passes.
Transcript
56 Ms K Thanaletchimi asked the Minister for Manpower (a) what stringent measures are in place to prevent attempts by groups to use bogus jobs to trick the authorities into approving work permits/passes to foreign workers; (b) what enforcement measures are in place to ensure that employers do not harbour illegal workers; and (c) whether the current penalties are adequate to deter unscrupulous employers from committing such offences of harbouring illegal workers.
Mr Lim Swee Say: It is against the law for employers to bring in foreign workers without the intention to employ them and allowing these workers to find their own employment. It is also illegal for other employers to hire foreign workers who are released by their official employers to find their own work. MOM takes a serious view of such offences and has put in measures to address both the supply and demand sides.
On the supply side, MOM has taken steps to detect fraudulent applications upstream and proactively enforce downstream. We pick out dubious companies and subject them to additional checks when they put in work pass applications. Downstream, MOM carries out proactive enforcement operations against suspected syndicates which are detected through our intel capabilities. The recent island-wide enforcement operation that MOM conducted in July is an example of our continuous efforts to take down syndicates that bring in foreign workers for illegal employment.
On the demand side, MOM deters the demand for illegal workers through education and taking errant employers to task. MOM issues reminders to main contractors that they have an obligation under the law to ensure that all foreign workers, including those of their sub-contractors at their worksites, have valid work passes showing the right employers. The reminders also emphasise that non-compliance would be dealt with severely. Those who disregard the law are taken to task.
The penalties for bringing in illegal workers have been stepped up for greater deterrence. With the amendment of the Employment of Foreign Manpower Act (EFMA) in November 2012, those who operate shell companies and import labour illegally face imprisonment of between six months and two years and a fine of up to $6,000 per charge. For severe cases, the offender is also liable to be caned. In July this year, a Singaporean man was sentenced to 40 months in jail for his role in setting up two shell companies and obtaining work passes for 46 foreigners without the intention to employ them. In addition, employers who hire illegal foreign workers face a fine of between $5,000 and $30,000 or up to 12 months’ imprisonment or both. Offenders will also be debarred from hiring foreign workers.
MOM will continue to take a holistic approach to deal with persons and syndicates who perpetuate the illegal importation of labour. We will not hesitate to take offenders to task.